Michael H. Zischke

Obtained a settlement in a CEQA action, on behalf of a citizen opposed to a port authority's expansion project, that provided for various project revisions and payment of attorney's fees.

Represented the University of California in the state and federal natural resource permitting for the 10th UC campus to be located on vernal pool grassland habitat in Eastern Merced County.

Residential Developments. Represented residential developers and investors in residential projects in obtaining entitlements for development, defending court challenges to such entitlements, and where possible, settling and resolving litigation disputes. Litigation and settlement work includes substantive land use laws, CEQA, and species and habitat planning laws.

Solid Waste Projects. Represented a variety of landfills and solid waste facilities in local and state permitting for expansions, additional waste streams, and proposed new landfills, and in trial and appellate court litigation defending such approvals.

University Research Campus. For a national research campus, represented university in formulating and defending environmental impact report for 20-year long range development plan. Legal advice on specific development projects. Prevailed in every CEQA challenge filed over 15-year period.

Alternative Energy Projects. Defended several wind and solar projects in the central valley and desert regions against environmental impact challenges in federal and state court. Assisted project developers with completion of EIR and EIS documents under NEPA and CEQA.

Represented an industry association in an action against the Bay Area Air Quality Management District's adoption of new CEQA thresholds, which are widely regarded by expert planners as an obstacle to the goals of encouraging infill and transit oriented development.

Secured a victory and resolved a conflict in the Court of Appeal whether opponents of projects found to qualify for an exemption from CEQA must object at a public hearing before the lead agency in order to maintain a legal challenge.

Sunol Quarry Litigation. Advised quarry operator on litigation strategy for a ballot measure/CEQA case relating to a proposed quarry expansion in the Sunol area.

Town of Windsor Urban Growth Boundary. Prepared the draft of a general plan amendment text for an initiative ballot measure setting an urban growth boundary for the Town of Windsor.

Represented a mining developer in successfully permitting a new instream mining project on the Russian River, including an innovative adaptive management program to resolve environmental concerns. Successfully defended the project against CEQA challenges, and settled the litigation on favorable terms.

Friends of Sierra Madre v. City of Sierra Madre. Represented the city in the trial court, Court of Appeal, and the California Supreme Court, in an action regarding the question of whether CEQA applies to council-sponsored ballot measures.

Alameda County Measure D Litigation. Represented homebuilders in opposition to Alameda County's Measure D, which established strict urban growth boundary throughout eastern Alameda County. Prepared counter-measure alternative to Measure D, and prosecuted litigation against Measure D through trial court proceedings.

City of San Ramon Measure G Litigation. Represented a homebuilder in litigation challenging the application of "Measure G" (amending the general plan to restrict hillside development, among other things) to limit a housing project proposed in San Ramon.

El Dorado County Measure Y Litigation. Represented a coalition of property owners in challenging the provisions of Measure Y, a growth control and traffic limitation measure in El Dorado County.

Downtown Master Plans & Projects. Represented public agencies and project applicants in permitting and defending urban master planned projects, including substantial downtown retail and mixed-use projects in Northern and Southern California.

Public Agency CEQA Compliance & Litigation. Represented a variety of cities, counties, and special districts in CEQA compliance and litigation regarding general plans, specific plans, climate plans and protocols, habitat plans, and agency-sponsored projects, including trial and appellate litigation. Projects have included habitat enhancement developments, water supply facilities, airport and port expansions, rail transit projects, master planned residential projects, and downtown development and redevelopment projects.

Transmission Lines & Pipelines. Represented proponents of new transmission lines and pipelines in permitting and CEQA review, and in subsequent CEQA litigation successfully defending project approval.

Mining Projects. Represented mining clients in valley, foothill, Sierra and North Coast regions in permitting and defending hard rock, terrace and instream mining projects. Successfully settled CEQA litigation challenges, and prevailed in trial and appellate decisions on other projects.

Homebuilders. Represented a variety of homebuilders throughout the state in the permitting and CEQA review for residential development projects. Resolved tribal claims relating to implementation of approved projects. Represent homebuilding organizations in CEQA legislation in Sacramento, and amicus advocacy in appellate courts throughout the state.

In-fill Housing Developments. Advised a number of developers regarding in-fill development, including CEQA review, use of CEQA exemptions, and traffic mitigation and related issues.

Transportation Projects. Represented tribal government in completing the approval, environmental review, and construction of a new interchange to serve tribal lands. Represented local rail authority in preparing EIR for new rail line, and defending EIR at California Public Utilities Commission against legal challenges.

Environmental Cleanups. Advised clients on environmental impact reports for major environmental cleanups, including resolution of environmental mitigation claims.

Hospitals and Medical Campus Development. Successfully permitted and defended EIR for new hospital campus in Sonoma County, including defense of land use and CEQA claims. Advised both public and private developers on hospital projects.

Solid Waste. Represented a variety of landfills and solid waste facilities in local and state permitting for expansions, additional waste streams, and proposed new landfills.